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PRINTER'S NO. 2236
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1955
Session of
2021
INTRODUCED BY MULLERY, JAMES, FREEMAN, McNEILL, LONGIETTI,
MADDEN, BURNS, HEFFLEY, TOOHIL, METCALFE AND DELLOSO,
OCTOBER 5, 2021
REFERRED TO COMMITTEE ON HEALTH, OCTOBER 5, 2021
AN ACT
Amending the act of October 20, 1966 (3rd Sp.Sess., P.L.96,
No.6), entitled "An act relating to mental health and
intellectual disability; authorizing county programs and
amending, revising and changing the laws relating thereto and
making an appropriation," in preliminary provisions, further
providing for definitions; and, in responsibilities of the
State, providing for State center closure moratorium.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "department" and "secretary"
in section 102 of the act of October 20, 1966 (3rd Sp.Sess.,
P.L.96, No.6), known as the Mental Health and Intellectual
Disability Act of 1966, are amended and the section is amended
by adding a definition to read:
Section 102. Definitions.--As used in this act:
* * *
"Department" means the Department of [Public Welfare] Human
Services.
* * *
"Secretary" means the Secretary of [Public Welfare] Human
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Services.
* * *
"State center" means a residential mental health
establishment that provides housing in addition to diagnosis,
treatment care, rehabilitation or detention of intellectually
disabled or mentally disabled individuals.
Section 2. The act is amended by adding a section to read:
Section 202.1. State Center Closure Moratorium.--(a) No
State center shall close until all Medicaid-waiver-eligible
individuals in this Commonwealth are authorized to begin
receiving home-and-community-based services furnished under a
waiver granted under section 1915(c)(1) of the Social Security
Act (49 Stat. 620, 42 U.S.C. ยง 1396n(c)(1)).
(b) When all Medicaid-waiver-eligible individuals have
received authorization under subsection (a), the department
shall transmit notice of that fact to the Legislative Reference
Bureau for publication in the Pennsylvania Bulletin. Upon
publication of the notice, the Task Force on the Closure of
State Centers is established within the department. Within sixty
days of publication of the notice, the secretary shall convene
an initial meeting of the task force. The task force shall
perform a comprehensive evaluation of the State centers and
provide recommendations to the department prior to the closure
of one or more State centers .
(c) The task force shall be comprised of the following
members:
(1) The secretary.
(2) One representative from each State center , which may
include direct care providers or administrative staff members,
to be appointed by each center director.
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(3) One representative from the Governor's office.
(4) The chairman and the minority chairman of the Health and
Human Services Committee of the Senate.
(5) The chairman and the minority chairman of the Human
Services Committee of the House of Representatives.
(6) Two family members of residents of State centers , to be
appointed by the secretary.
(7) One representative of a nonprofit organization which
serves as an advocate for those with intellectual disabilities,
to be appointed by the secretary.
(d) The task force shall meet biweekly to evaluate the
impact of a closure in all of the following areas:
(1) Residents of the State center and their families.
(2) Employes, both union and nonunion.
(3) The local economy in which the State center is located.
(4) Readiness of provider agencies in each region to expand
the community-based residential infrastructure to support
residents leaving State centers .
(e) If a State center is deemed eligible for closure by a
majority vote taken by the task force, the department shall
prepare a plan for the closure of the State center and the
transition of individuals with intellectual disabilities
receiving care in the State center to a home-or-community-based
support system. The plan shall include all of the following:
(1) An assessment of the State center , including:
(i) A certified independent appraisal of the State center
property.
(ii) A report of the State employes employed at the State
center , both full time and part time, including the total number
of employes, the cost of the total wages and total benefits paid
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to the employes and an organizational flow chart of employes
working at the State center .
(iii) A detailed report of the services provided at the
State center by contracted third-party vendors.
(iv) An inventory of assets located at and improvements on
the State center .
(v) A report of all electric, utility, water, landscaping,
snow removal and maintenance costs of the State center .
(vi) Geospatial images of the State center .
(vii) A detailed description of the existence, ownership
rights and appraised value of any mineral rights on the State
center property.
(viii) A historical report of the institutional property,
including the date it was acquired or constructed, the dates of
any improvements on the property, any changes in property
records, such as subdivision of the property, historical
employment or complement levels and other historical data.
(2) The timeline, specific to each State center , for the
transition to a home-and-community-based support system for all
of the individuals with intellectual disabilities living at the
State center . Information required under this clause shall
specify the critical milestones in the closure process for the
State center and the department's planned course of action to
effectuate the closure of the State center , including available
and necessary resources.
(3) The home-and-community-based support providers available
in the immediate geographic area surrounding the State center .
(4) The process the department will utilize at each State
center to transition individuals with intellectual disabilities
supported at each State center to a home-and-community-based
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support system as provided under this section.
(5) The process the department will utilize at the State
center to close buildings and reassign staff when individuals
with intellectual disabilities are transitioning from State
centers to a home-and-community-based support system.
(6) Any other information deemed appropriate by the
department as part of the plan.
(f) A State center subject to closure shall continue to
operate with the level of staff necessary until all residents
have been transitioned into home-and-community-based services.
(g) As used in this section, the term "task force" means the
Task Force on the Closure of State Centers established in
accordance with subsection (b).
Section 3. The addition of section 202.1 of the act shall
apply to closures made after October 1, 2021.
Section 4. This act shall take effect immediately.
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